McDowell's questionable legislative record

Far from being "second to none" as he claims, McDowell's legislative record is merely average. By Vincent BrowneMichael McDowell frequently protests his “second to none” record in terms of legislative initiatives since he became Minister for Justice, Equality and Law reform in June 2002.
In a speech at an event of the Progressive Democrats in Dublin on 10 March last he said: “My record… on resourcing the criminal justice system and bringing forward meaningful, effective legislation is second to none – since my appointment as Minister I've enacted 30 Bills, with a further eight bills currently on the Dáil and Seanad order papers”.
We asked the press office of the Department of Justice, Equality and Law Reform to send us a list of the 31 pieces of legislation enacted at the initiative of Michael McDowell since he became minister (the discrepancy may relate to the Disability Act 2005 for which Michel McDowell did not have responsibility).
Of those 31 Acts, eight just implemented either EU, international or British-Irish agreements. Another twelve were minor pieces of legislation, one other simply provided for the holding of a referendum on the citizenship issue and one was not essentially the responsibility of Michael McDowell (the Disability Act 2005).
Of the remaining nine Acts (Criminal Justice Public Order Act 2003, European Convention Act 2003, Immigration Act 2004, Intoxicating Liquor Act 2003, Private Security Act 2004, Commissions of Investigations Act 2004, Civil Liability and Courts Act 2004, Irish Nationality and Citizenship Act 2004, and the Garda Siochána Act 2005), only five could be considered major pieces of legislation.
By no means is this record unique or “second to none”. Both his immediate predecessors, John O'Donoghue and Nora Owens, were responsible for the introduction of far more significant legislation.
The following are the legislative initiatives he has taken or were taken on his behalf since coming to office (as stated by the press office of the Department of Justice, Equality and Law Reform)

Domestic Violence (Amendment) Act 2002
This was merely a technical piece of legislation to remedy a defect in the Domestic Violence Act 1996, which resulted in the Supreme Court finding that a section of the Act was unconstitutional.
Data Protection (Amendment) Act 2003
This merely gave effect to an EU Directive on the protection of personal date concerning individuals.
Criminal Justice (Public Order) Act 2003
This provided for persons convicted of certain offences to be excluded from entering licensed premises. It is almost entirely ineffective.
Criminal Justice (Illicit Traffic by Sea) Act 2003
This gave effect to the Council of Europe agreement on Illicit Traffic on sea.
Garda Síochána (Police Co-operation) Act 2003
This gave effect to a part of the Good Friday Agreement concerning the appointment of members of the PSNI to ranks in An Garda Síochána.
European Convention on Human Rights Act 2003
Michael McDowell seemed to think this was a revolutionary piece of legislation but he was challenged at a seminar in the Kings Inns in March 2004 by the then chief justice, Ronan Keane, to specify in what way did it make any deference to Irish law, since already the Supreme Court incorporated the jurisprudence of the Convention and of the European Court of Human Rights in its decisions.
Immigration Act 2003
This placed obligations on carriers bringing persons to the State an obligation to ensure their passengers were in compliance with immigration requirements on their arrival. It was not a significant piece of legislation.
Intoxicating Liquor Act 2003
This arose from recommendations of various commissions and it was concerned mainly with combating drunkenness and disorderedly conduct but, again, has had little effect. However one of its provisions – the most significant part of the Act – was to remove from the jurisdiction of the Equality Authority cases concerning the refusal of service to members of the Travelling community and transfer this to the District Court. This was campaigned for by publicans who clearly believed District Court judges would be more amenable to their concerns than to those of Travellers.
Criminal Justice (Temporary Release of Prisoners) Act 2003
Again not a major legislative initiative and related only to procedures and guidelines to do with the temporary release of prisoners.
Courts and Court Officers (Amendment) Act 2003
This provided merely for an increase in the number of High Court judges from 26 to 28.
Independent Monitoring Commission Act 2003
This arose from an agreement between the British and Irish governments on 25 November 2003 and the establishment of the Independent Monitoring Commission.
European Arrest Warrant Act 2003
This gave effect to the framework decision of the European Council on the European arrest warrant.
Immigration Act 2004
This dealt with deficiencies in previous immigration legislation, as found by the Courts and provided various controls on immigrants.
Private Security Services Act 2004
This established a Private Security Authority and arose from major robberies from security vans.
Tribunal of Enquiry (Evidence) (Amendment) Act 2004
This was a minor piece of legislation to deal with complications arising from the unexpected retirement of Fergus Flood as chairman of the Planning Tribunal before he had decided on costs in relation to modules hove which he had presided.
Child Trafficking and Pornography (Amendment) Act 2004
This too was a minor piece of legislation to provide for members of the Oireachtas in adjudicating on the Judge Brian Curtin case to be able, if necessary, to view child pornography, without committing an offence.
Twenty seventh Amendment of the Constitution Act 2004
This provided for the referendum on the citizenship, which we deal with on page 16.
Criminal Justice (Joint Investigation Teams) Act 2004
This merely gave enactment to a EU framework decision.
Commissions of Investigation Act 2004
This provided for the establishment of commissions of inquiry, as an alternative to Tribunals, which might be less costly and more efficient. It could be considered a major legislative initiative but, so far, it is not been used.
Equality Act 2004
This was introduced to implement an EU directive.
Maternity Protection (Amendment) Act 2004
This improved maternity protection for employees.
Civil Liability an Courts Act 2004
This was enacted in conjunction with the legislation introducing the Personal Injuries Assessment Board (PIAB), which has had the effect of reducing the cost of personal injuries claims. This Act made regulations concerning personal injuries.
Intoxicating Liquor Act 2004
This provided for the holding of alcohol free events for persons under 18 on licensed premises.
Irish Nationality and Citizenship Act 2004
This followed the passage of the constitutional amendment on citizenship, which deprived persons born in Ireland of Irish citizenship unless at the time of their birth at least one of their parents was an Irish citizen.
Proceeds of Crime (Amendment) Act 2005
This made further provision in relation to the recovery and disposal of proceeds of crime and amended the main Act which was passed in 1996.
Criminal Justice (Terrorist Offences) Act 2005
The Act gave effect to various international agreements and commitments related to international terrorism.
Disability Act 2005
This was an Act to enable provision to be made for the assessment of the health and educational needs of persons with disability and to provide for resources to meet those needs. It was a major act but Michael McDowell did not have primary responsibility for it.
Garda Síochána Act 2005
This certainly was a major piece of legislation but, in the view of many commentators, it failed to deal with the problems within the Gardai as identified by the Morris Tribunal to do with a culture of cover-up and it also, in the view of critics, failed to make adequate provision for the resourcing of the Ombudsman commission.
Adoptive Leave Act 2005
This provided for leave for parents of adopted children.
Transfer of Execution of Sentences Act 2005
Another minor piece of legislation.
Coroners (Amendment) Act 2005
His made minor amendments to the legislation governing inquests.